Property

 

In a divorce action, you are asking the Court to divide the stuff (property) and debt belonging to the couple. Property falls into one of two categories:

 

  • MARITAL PROPERTY: The stuff you have acquired during the time of the marriage.

  • NON-MARITAL OR SEPARATE PROPERTY: The stuff you had prior to the marriage, or stuff you got during the marriage, but it was a gift from someone, or an inheritance.

 
Debt falls into these two categories:
 

  • MARITAL DEBT: Debt accumulated during the marriage.

  • NON-MARITAL DEBT: Debt from prior to the marriage.

 
When a Court divides property, it seeks to make an equitable division.

 

Equitable does not necessarily mean equal.


One vital consideration in dividing property is to determine whether you will spend more on attorney fees fighting over property, than the property is worth.